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Scottish Court of Session Decisions >>
Turnbull v John Bisset. [1698] Mor 16317 (9 February 1698)
URL: http://www.bailii.org/scot/cases/ScotCS/1698/Mor3716317-239.html Cite as:
[1698] Mor 16317
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Turnbull, uncle to the children of Andrew Bisset, skipper in the Queensferry, fey the mother's side, pursues John Bisset, their uncle by the father, and their tutor of law, to see himself removed from the office, because of his malversation, in so far as he has been now two years tutor, and has never made up inventories of the pupils' estate, contrary to the 2d act of Parliament 1672. Alleged, Inventories are only to be made before he acted, and he was pursuing the relict for exhibition of the writs by which he could only do it; and she had caused her brother raise this process; and he is now making the inventories, and has never yet meddled. Answered, The act requires the making up of the inventories at the very entry on the office, and though he could not then make it complete, yet he might afterwards eik, as things came to his knowledge. The Lords removed the tutor as suspect, in having neglected the appointment of the act of Parliament; which they found themselves strictly and precisely obliged to follow, though it might be prejudicial in eventu to the pupils.—See 7th July, 1680, Gibson contra The Lord Dunkeld and Thomson, No. 198. p. 16299.
